Bill for the reduction of the maximum 40 hour workweek has been passed by the Congress

On April 11, 2023, the Bill that reduces the maximum working hours from 45 to 40 hours per week was passed by the Chamber of Deputies after the changes introduced by the Senate were approved.

The Bill is now ready to be published and enacted by the Executive.

Below is a summary of the most relevant ideas of the approved bill:

EXECUTIVE SUMMARY:

1. The bill approved the reduction of the maximum ordinary working day from 45 to 40 hours per week, with a progressive implementation in 5 years.

2. It introduces a new regulation for workers exempted from working hours, limiting the exception to managers, administrators, and attorneys-in-fact with administrative powers and to those who work without immediate superior supervision. Such implementation may be reviewed by the Labor Directorate at the employee’s request.

3. It is allowed to distribute the maximum ordinary working day in 4 working days.

4. The creation of 4-week cycle pacts with 160 working hours is allowed. In the case of non-unionized workers, each week may not exceed 45 ordinary hours and in the case of union affiliation, cycles with weeks of up to 52 ordinary hours may be agreed collectively.

5. The right to deferred working hours for fathers and mothers of children under 12 years of age is created, allowing them to anticipate or delay their working day by one hour.

6. The compensation of overtime hours in up to 5 days of additional holidays, which must be exercised within the 6 months following the cycle that generated them.

For more information, please review our in depth analysis in Spanish or contact our team.